Lucky Cement Limited v International Trade Administration Commission and Others (2022/048142) [2025] ZAGPPHC 243 (7 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
2022/048142
Judge
Holland-Muter
The High Court dismissed Lucky Cement’s PAJA review of ITAC’s sunset-review determination and 25% anti-dumping duty on cement imports from Pakistan.
Association of Meat Importers and Exporters and Others v International Trade Administration Commission and Others (769, 770, 771/12) [2013] ZASCA 108; [2013] 4 All SA 253 (SCA); 2014 (4) BCLR 439 (SCA); 76 SATC 9 (13 September 2013)
Court
Supreme Court of Appeal
Case number
769, 770, 771/12
Judges
Nugent JA, Lewis JA, Theron JA, Wallis JA, Saldulker JA
The Supreme Court of Appeal held that the anti-dumping duties reflected in the notice of motion were extant at the time the sunset reviews were initiated in each case. The High Court's orders declaring Schedule 2 to the Customs and Excise Act invalid were incompetent, as the absence of a law is not equivalent to invalidity. Regulation 53.2 of the anti-dumping regulations provided that duties remain in force pending the outcome of a sunset review initiated before expiry. The initiation of sunset reviews, even if based on a mistaken calculation of the five-year period, did not invalidate the re…
C Drahtseilwerk Saar GMBH v International Trade Administration Commission and Others (53925/09) [2010] ZAGPPHC 255 (26 November 2010)
Court
North Gauteng High Court, Pretoria
Case number
53925/09
Judge
MNGQIBISA-THUSI
The court found that the applicant's relief is indeed provided for under section 35(2) of the International Trade Administration Act, which allows a person to apply to the High Court for an appropriate order concerning access to confidential information after mediation fails. The applicant accepts the confidential nature of the information and does not seek a fresh determination of confidentiality, but rather an order regulating access. The court distinguished the Brenco case, noting that it dealt with access at the investigative stage, whereas the present matter concerns access at the delibe…
Progress Office Machines CC v South African Revenue Services and Others (532/06) [2007] ZASCA 118; [2007] 4 All SA 1358 (SCA); 2008 (2) SA 13 (SCA); 69 SATC 231 (25 September 2007)
Court
Supreme Court of Appeal
Case number
532/06
Judges
Scott, Lewis, Heher, Malan, Mhlantla
The Supreme Court of Appeal held that a retroactively imposed anti-dumping duty ran from the retrospective date, not the publication date, and had lapsed after five years.
